IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE RENUKA YARA TR. CIVIL MISCELLANEOUS PETITION No.320 of 2025

15^th DAY OF DECEMBER, 2025 Between:

Palle Chaithanya.

…Petitioner AND Palle Somashekar.

...Respondent

ORDER:

Heard M/s.Alluri Raghu Rama Aurava, learned counsel for the petitioner and Ms. Yanam Mamatha, learned counsel for the respondent.

Perused the entire record.

2. This Tr.C.M.P. is filed by the petitioner-wife seeking transfer of F.C.O.P.No.366 of 2025 on the file of the Judge, Additional Family Court, Medchal-Malkajgiri District at Kushaiguda, to the file of the Senior Civil Judge Court at Mahbubabad District.

3. The petitioner and respondent were married on 21.04.2022 at Kistapuram Village, Rayapathi Mandal, Warangal District, as per Hindu Rites and Customs. According to the petitioner, dowry including cash, gold, household articles were given at the time of marriage. Thereafter, due to harassment on the part of the respondent and his family members, wherein the petitioner was beaten and abused in filthy language, the petitioner had to lodge criminal complaint vide Cr.No.344 of 2024 under Section 498-A of IPC and 3 and 4 of Dowry Prohibition Act, 1961, at Thorrur Police Station on 26.12.2024. The couple are blessed with a child and said child is living with the petitioner. The petitioner also filed M.C.No.6 of 2025 which is pending on the file of Judicial First Class Magistrate at Thorrur. Since the remaining matters i.e., the criminal case as well as maintenance case are pending in Thorur, the petitioner sought transfer of the Family Court matter i.e., F.C.O.P.No.366 of 2025 to be transferred to the file of the Senior Civil Judge, Mahabubabad District.

4. The respondent filed counter-affidavit denying the averments of the Tr.C.M.P. referring to the variations with respect to the deviations in the alleged streedhan given at the time of marriage as per FIR dated 26.12.2024, reply to legal notice dated 03.09.2024 and the present Tr.CMP. Further, a list of the dates is given showing the conduct of the petitioner to demonstrate the genuineness in the allegations made. The respondent stated that the marriage was performed on 20.04.2022. The child was born on 01.02.2023 and the petitioner went to the matrimonial house in the first week of August, 2023, when the child was 7 months old and left to the matrimonial house in the second week of September, 2023. Thereafter after almost one year a legal notice was issued on 01.09.2024. The respondent got reply legal notice issued on 03.09.2024. Thereafter, a meeting with the village elders was conducted on 20.10.2024. After all these efforts, the petitioner went and lodged a criminal complaint with P.S. Thorrur on 26.12.2024 and complaint with Sakhi Center at Mahabubabad on 07.06.2025. In this entire sequence of events, the respondent alleges that there was hardly any time spent by the petitioner in her matrimonial house and after one year of separation the criminal complaint was given and legal notice was issued with various allegations. It is further pleaded that when there was a meeting with the elders, the elders have advised the petitioner's mother to change her attitude towards the respondent and not to interfere in their family matters. Further, the distance between Charlapalam Village to Medchal-Malkajgiri District Court at Kushaiguda is 165 kms, the respondent's native place is at Kodakandla village, Jangaon District and he does not have any influence whatsoever to threaten the petitioner or her parents. In fact, one person by name Nagi Reddy introduced himself as a personal assistant to a politician Late Vivekananda Reddy and threatened the respondent and his parents at the police station premises on 12.08.2025. The respondent made reference to judgment between Anandita Das v.

Srijit Das, (2006) 9 SCC 197, wherein it is held that presence of a child is not an automatic ground for transfer. Lastly, it is also pleaded that the petitioner is